Governor Fubara to challenge Appeal Court ruling at Supreme Court
By Kunle Sanni
Rivers State Governor, Siminialayi Fubara, has announced plans to take his legal battle to the Supreme Court following the recent decision by the Court of Appeal in Abuja, which affirmed Martin Amaewhule as the Speaker of the Rivers State House of Assembly.
The Court of Appeal, in a unanimous decision delivered by a three-member panel on Thursday, dismissed Governor Fubara’s appeal and upheld the recognition of Amaewhule and 26 other lawmakers as members of the Rivers State House of Assembly. The appellate court ruled that the governor’s appeal lacked merit.
In response to the judgment, Governor Fubara reiterated that the defection of Amaewhule and his colleagues from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023, was not the central issue addressed by the courts.
He explained that the legal battle centered around the validity of the 2023 Appropriation Law and the role of the National Assembly in assuming legislative functions within the Rivers State Assembly during the political crisis.
Governor Fubara emphasized that the defections automatically triggered Section 109(1)(g) of the Nigerian Constitution, which mandates that lawmakers who switch parties lose their seats without the need for a court order. He maintained that Amaewhule and the other defectors were no longer members of the Assembly as of December 11, 2023.
In a statement issued by Rivers State Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, Fubara stressed that the Appeal Court ruling did not restore Amaewhule’s faction. He urged the people of Rivers State to disregard any misinformation suggesting otherwise, insisting that his administration would continue to uphold the rule of law.
Iboroma stated that the governor had directed his legal team to file an appeal against the ruling and seek a stay of execution.
“Today, the 10th of October 2024, the Court of Appeal, Abuja Division dismissed Appeal No. CA/ABJ/133/CS/2024 filed by His Excellency, the Governor of Rivers State, against the judgment of the Federal High Court, Abuja Division, in suit No. FHC/ABJ/133/CS/2023 delivered on the 22nd of January 2024.
“On the 30th of October 2023, after the failed attempt to impeach His Excellency, the Governor of Rivers State, the Rivers State House of Assembly became polarized into two factions. The faction led by Martin Amaewhule proceeded to the Federal High Court, Abuja Division, and filed Suit No. FHC/ABJ/1613/CS/2023 on the 29th of November 2023.
“Subsequently, on the 11th of December 2023, Martin Amaewhule and others defected from the Peoples Democratic Party that sponsored their election in the 2023 Legislative Assembly Election, to the All Progressives Congress.
“By operation of law, particularly Section 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th of December 2023, as Section 109(1)(g) is self-executing and no court order is required.
“His Excellency, the Governor of Rivers State, on the 13th of December 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker of the Rivers State House of Assembly at the time.
“The Appropriation Bill was later passed into law and became the Appropriation Law of 2024. An Appropriation Law is a state law within the purview of the High Court of Rivers State,” the statement concluded.
